By Jonathan Ugbal
Justice Ijeoma Ojukwu of the Calabar division of the Federal High Court has struck out an application to subpoena a staff of the West African Examinations Council, WAEC to testify in a suit challenging the qualifications of a former lawmaker, Senator Bassey Otu as the Guber candidate of the All Progressives Congress, APC in the 2023 general elections.
The plaintiff in suit number FHC/CA/CS/95/2022, Senator John Owan-Enoh had approached the court via an Originating Summons asking for among other prayers, the disqualification of Senator Otu who is the third defendant, and the publication of his name as the party’s Guber candidate.
On Wednesday, counsel to the plaintiff, Awa Kalu SAN informed the Court of the presence of staff of WAEC to testify on the documents submitted by Senator Otu to the APC which is the first defendant in the suit.
Senator Otu’s counsel, Mike Ozhekome SAN objected to this on the grounds that a subpoena was strange to a process commenced by an Originating Summons.
The matter was adjourned until today for both parties to file their arguments.
Upon resumption of the hearing on Thursday, Kalu SAN acknowledged the service of the address filed by the third defendant and applied for the application to be struck out. He also informed the Court of a list of authorities filed by the third defendant.
On his part, Ozekhome SAN did not object and prayed the Court to strike the application out without any cost awarded. He also said the authorities filed, were within the duties of lawyers to aid the Court in the discharge of its functions.
In his reply, Kalu SAN urged the Court to grant their application and allow the substantive suit to be heard while they study the list of authorities filed by the third defendant to respond appropriately and as when due.
The subpoena was subsequently struck out while the parties proceeded with the adoption of their processes and other submissions.
More details later…
